Supreme Court of India · 2008-09-30
Pareena Swarup vs Union Of India
- Court
- Supreme Court of India
- Petitioner
- Pareena Swarup
- Respondent
- Union Of India
- Author
- P. Sathasivam
- Bench
- P. Sathasivam, Lokeshwar Singh Panta, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court addressed a writ petition under Article 32 of the Constitution challenging various provisions of the Prevention of Money Laundering Act, 2002, specifically Sections 6, 25, 27, 28, 32, and 40, as being ultra vires Articles 14, 19(1)(g), 21, 50, and 323B. The Court held that the provisions do not violate the independence of the judiciary or the separation of powers, affirming that the Act does not oust the jurisdiction of regular courts and includes adequate safeguards for the appointment of adjudicating authorities. Consequently, the petition was dismissed, upholding the constitutionality of the Act.